COMMITTEE ON RIGHTS OF CHILD CONCLUDES EIGHTEENTH SESSION

HR/CRC/98/37
5.6.98

Committee Issues Concluding Observations on Reports of Hungary, the Democratic
People's Republic of Korea, Fiji, Japan, the Maldives

Committee Issues Concluding Observations on Reports of Hungary, The Committee on the Rights of the Child, the expert panel in charge of monitoring the implementation of the Convention of the Rights the Child adjourned this morning its eighteenth session....

The Committee on the Rights of the Child, the expert panel in charge of monitoring the implementation of the Convention of the Rights the Child adjourned this morning its eighteenth session and issued its concluding observations on the reports of Hungary, the Democratic People's Republic of Korea, Fiji, Japan, the Maldives and Luxembourg.

The six countries, in keeping with their obligations as States parties to the Convention, presented to the Committee over the course of the three week session lengthy written and oral summaries on their efforts to promote and protect children's rights. The countries also sent official delegations to answer questions and hear the opinions of the Committee's 10 independent experts.

The panel, in concluding observations, recommended, among other things, that the Government of Hungary strengthen efforts to disseminate the principles of the Convention and that it be made available in minority languages, especially Roma languages. The State party should continue its efforts aimed at reducing discriminatory practices against the Roma population and improving the general status of Roma children. Hungarian officials should take all appropriate measures to prevent and combat ill-treatment of children, including physical and sexual abuse within the family, at school and child-care institutions, and to undertake prevention campaigns to protect children against abuse and mal-treatment.

The Committee noted that among factors and difficulties impeding the implementation of the Convention in the Democratic People's Republic of Korea were the dissolution of its traditional economic ties and the 1995 and 1996 floods which had had a very serious impact on the whole society. The panel recommended that all appropriate measures, including those of a legislative nature, be taken to prevent and combat the use of corporal punishment and that a comprehensive study be launched to enhance the understanding of the nature and scope of child abuse and ill-treatment within the family. The State party should continue to prevent and combat mal-nutrition of children through budgetary allocations in favour of children to the maximum extent of available resources and it should fully harmonize its legislation with the principles and provisions of the Convention.

Concerning factors and difficulties impeding the implementation of the Convention in Fiji , the Committee took note of the geographical configuration of the State party comprising 330 islands, the relatively small population composed of a number of different and isolated communities and the recent changes in the economic structure. The State party was encouraged to give further consideration to the establishment of an Ombudsperson for children. Authorities should harmonize the minimum age for marriage with the provisions of the Convention and a more active approach should be taken to eliminate discrimination against certain groups, in particular the girl child, children with disabilities, children in institutional care, children living in rural areas, poor children and
children born out of wedlock. The Committee also called for corporal punishment to be comprehensively prohibited by law. The State party should take all appropriate measures, including revision of legislation, to prevent and combat ill-treatment within the family, including domestic violence and sexual abuse of children.

The Committee expressed concern that children in Japan were exposed to developmental disorders due to the stress of a highly competitive educational system and the subsequent lack of time for leisure, physical activities and rest. It was also concerned about the widespread use of corporal punishment in schools and the existence of numerous cases of bullying among students. The panel recommended that the State party take appropriate steps to prevent and combat excessive stress and school phobia in view of the highly competitive educational system. It also suggested that a comprehensive programme be devised and its implementation closely monitored in order
to prevent violence in schools, especially with a view to eliminating corporal punishment and bullying.

With regards to the Maldives, the Committee recommended that the State party raise the legal age of definition of the child which was set at the age of 16. The legal minimum ages for marriage and criminal responsibility should also be reviewed. It said authorities should also take a more active approach to eliminate discrimination against the girl child, children with disabilities, children living in remote islands, and children born out of wedlock. The Government should take all appropriate measures to prevent and combat ill-treatment within the family and sexual abuse of children. It should also make primary education compulsory and available free to all and should strengthen efforts to prevent and combat drug and substance abuse among children.

In Luxembourg, principal subjects of concern listed by the Committee included the fact that no legislation existed to protect children from being exposed to violence and pornography through video movies and other modern technologies, most prominently the Internet. The Committee recommended that all appropriate measures, including of legal nature, be taken to protect children from being exposed to violence and pornography through video movies and other modern technologies, including the Internet. It suggested the State party take all appropriate measures to ensure that children born out of wedlock did not suffer discriminatory treatment or stigmatization and that the terms 'legitimate' and 'illegitimate' which were currently used in the Civil Code be eliminated. The panel also recommended that the State party undertake studies of the cause of suicide and other
mental health problems among young people and adopt measures to combat this phenomenon.

At its next session, to be held from 21 September to 9 October, the Committee is scheduled to review reports from Ecuador, Iraq, Thailand, Kuwait, Sweden and Bolivia. On 5 October, the Committee will hold a general discussion on the consideration of 'Children Living in a World with HIV/AIDS'. It was estimated that since the beginning of the epidemic, close to 4 million children under 15 had been infected worldwide, nearly 3 million of whom had died. The main objectives of the thematic discussion include strengthening and understanding all the human rights of children living in a world of AIDS and contributing to the formulation and promotion of child oriented policies, strategies and programmes to prevent and combat HIV/AIDS at governmental levels.

Concluding Observations on Country Reports

The Committee cited among positive aspects in the report of Hungary the establishment of the Coordination Council for Children and Youth Affairs, chaired by the Prime Minister, and the Child and Youth Council for Reconciliation of Interests. It noted with appreciation the long standing achievements of the State party in the areas of education and medical care.

Among factors and difficulties impeding the implementation of the Convention, the Committee acknowledged that the State party had had to face economic, social and political challenges during the past few years and that the transition to a market economy had had a serious impact on vulnerable groups, including children.

The panel cited with concern that despite recent law reforms, inconsistencies still existed between the provisions of the Convention and domestic law. It was concerned by the gaps still existing in monitoring progress in all areas covered by the Convention in relation to all children, especially those affected by the consequences of the economic transition. The Committee expressed concern about the fact that the Convention had not been made available in all minority languages existing in the State party, including Roma. Despite a package of medium-term measures to improve the living standards of the Roma population, the persistence of discriminatory practises against Romas remained. There remained unequal access to health services and opportunities in the education
system, especially in rural areas, among minority groups and families living in poverty.

The Committee recommended, among other things:

-- that the State party take all appropriate measures to facilitate the process of full harmonization of domestic legislation with the principles of the Convention;

-- that the State party strengthen and expand the scope of existing coordination and monitoring mechanisms on children's rights in order to reach local government level;

-- that the Government adopt a comprehensive and integrated policy for children such as a national plan of action to assess progress achieved and difficulties encountered in the implementation of the Convention, and in particular to regularly monitor the effects of economic change on children;

-- that the State party allocate available resources to their maximum extent to ensure the implementation of economic, social and cultural rights, with particular emphasis on health and education and the enjoyment of these rights by the most disadvantaged groups of children;

-- that the authorities strengthen efforts to disseminate the principles of the Convention and that it be made available in minority languages, especially Roma languages;

-- that the Government continue its efforts aimed at reducing discriminatory practices against the Roma population and improving the general status of Roma children;

-- that the State party envisage undertaking further measures to prevent and combat unequal access to health services and to the education system between the rural and urban population, particularly access of Roma children to health and education;

-- that reproductive health education programmes be strengthened in order to reduce teenage pregnancies and that information campaigns be launched concerning family planning and prevention of HIV/AIDS;

-- that the State party take all appropriate measures to prevent and combat ill-treatment of children, including physical and sexual abuse within the family, and at school and child-care institutions, and to undertake prevention campaigns to protect children against abuse and mal-treatment;

-- that breast feeding be promoted in health facilities;

-- and that the State party continue its efforts to prevent and combat the commercial sexual exploitation of children, especially the use of children in pornography, prostitution and trafficking.

The Committee cited among positive aspects in the report of the Democratic Republic of Korea that international instruments, including the Convention on the Rights of the Child, had the same status as domestic law and could be invoked before the courts. The Committee noted with appreciation that both education and health services were free of charge and the willingness of the State party to engage in international cooperation programmes to facilitate the full implementation of the Convention.

Among factors and difficulties impeding the implementation of the Convention were the dissolution of its traditional economic ties and the 1995 and 1996 floods which had had a very serious impact on the whole society. The panel cited concern about the increase in child mortality rates resulting from mal-nutrition which affected the most vulnerable children, including those living in institutions; lack of a specific mechanism to monitor progress in all areas covered by the Convention; the continued use of corporal punishment, especially within the family environment and in institutions; the de facto discriminatory attitudes which occurred against children with disabilities; and the administration of juvenile justice.